A BILL to amend and reenact §3-1-3a of the Code of West Virginia,
1931, as amended; and to amend and reenact §3-3-1 of said
code, all relating to voting for President and Vice President;
permitting voters who have moved from the state to vote for
President and Vice President in certain circumstances;
requiring voters who move from the state and vote for
President and Vice President in the state to be removed from
the voter rolls thereafter; allowing persons who move to the
state to vote for President and Vice President in certain
circumstances; and permitting voters to obtain an absentee
ballot for President and Vice President only in certain
circumstances.
Be it enacted by the Legislature of West Virginia:
That §3-1-3a of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §3-3-1 of said code be amended
and reenacted, all to read as follows:ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.§3-1-3a. Persons entitled to vote under federal Voting Rights Act Amendments of 1970; authority of Secretary of State.(1)(a) Any citizen of the United States who is a resident of
the state and who applies, not later than thirtytwenty-one days
immediately prior to any presidential election for registration or
qualification to vote for the choice of electors for President and
Vice President, or for President and Vice President, in such
election, and who is otherwise qualified to vote may register to
vote, and vote, for the choice of electors for President and Vice
President, or for President and Vice President, in such election,
as provided by the federal Voting Rights Act Amendments of 1970.(2)(b) Any citizen of the United States who has moved his or
her residence from this state within thirty days next preceding any
election for President and Vice President, and who was otherwise
qualified to vote in this state as of the date of his or her change
of residence and who has not satisfied the registration
requirements of the state to which he or she has moved, may vote
for the choice of electors for president and vice-president, or for
president and vice-president, in such election, as provided by the
federal Voting Rights Act Amendments of 1970.cast a vote for the
offices of President and Vice President: (1) In person at the
primary early-voting location serving the county from which the
voter has moved; or (2) by absentee ballot. The request for the
ballot must be on a form prescribed by the Secretary of State and,
in the case of an absentee ballot, must be received by the clerk of
the county commission of the last county of residence no later than
the sixth day prior to the general election. The voter's request
for a ballot due to a move out of state after the thirtieth day
preceding the election shall serve as authorization for removal from the West Virginia voter rolls as provided in the National
Voter Registration Act of 1993, 42 U. S. C. §1973gg-6.
_____(c) Any citizen of the United States who is otherwise
qualified to vote in any election for President and Vice President
shall not be denied the right to vote for those offices due to the
failure to comply with any durational residency requirement of the
state or political subdivision.
_____(d) No citizen of the United States may be denied the right to
vote for electors for President and Vice President, or for
President and Vice President, in any election because of failure of
the citizen to be physically present in the state or political
subdivision at the time of the election, if the citizen has
complied with the requirements prescribed by the laws of this state
for the casting of an absentee ballot in the election.
_____(3)(e) Any citizen of the United States who has attained the
age of eighteen years but who has not attained the age of twenty-
one years by the time of the next ensuing primary or election in
which he may vote under section 302 of the federal Voting Rights
Act Amendments of 1970, as interpreted and limited by the United
States Supreme Court, and who is otherwise qualified to vote, may
vote in any primary or election for those candidates for whom he or
she is entitled to vote under said section 302 of the federal
Voting Rights Act Amendments of 1970, as interpreted and limited by
the United States Supreme Court.(4)(f) The Secretary of State shall have authority to make,
amend and rescind such rules, regulations, orders and instructions,
and prescribe such registration and voting procedures, forms
(including registration, ballot and ballot label forms), lists and records, as may be necessary in order for this state to fully
implement, and comply with, the federal voting laws Voting Rights
Act Amendments of 1970, as interpreted and limited by the United
States Supreme Court, and it shall be the duty of all public
officers, election officers, boards and commissioners having any
authority or responsibility in connection with any election to
comply with all such rules, regulations, orders and instructions,
and use, make, follow or comply with all such registration and
voting procedures, forms (including registration, ballot and ballot
label forms), lists and records as have been prescribed by the
Secretary of State under the foregoing authority vested in that
office.ARTICLE 3. VOTING BY ABSENTEES.§3-3-1. Persons eligible to vote absentee ballots.
(a) All registered and other qualified voters of the county
may vote an absentee ballot during the period of early voting in
person.
(b) Registered voters and other qualified voters in the county
are authorized to vote an absentee ballot by mail in the following
circumstances:
(1) Any voter who is confined to a specific location and
prevented from voting in person throughout the period of voting in
person because of:
(A) Illness, injury or other medical reason;
(B) Physical disability or immobility due to extreme advanced
age; or
(C) Incarceration or home detention: Provided, That the
underlying conviction is not for a crime which is a felony or a violation of section twelve, thirteen or sixteen, article nine of
this chapter involving bribery in an election;
(2) Any voter who is absent from the county throughout the
period and available hours for voting in person because of:
(A) Personal or business travel;
(B) Attendance at a college, university or other place of
education or training; or
(C) Employment which because of hours worked and distance from
the county seat make voting in person impossible;
(3) Any voter absent from the county throughout the period and
available hours for voting in person and who is an absent uniformed
services voter or overseas voter, as defined by 42 U. S. C. §1973,
et seq., the Uniformed and Overseas Citizens Absentee Voting Act of
1986, including members of the uniformed services on active duty,
members of the merchant marine, spouses and dependents of those
members on active duty and persons who reside outside the United
States and are qualified to vote in the last place in which the
person was domiciled before leaving the United States;
(4) Any voter who is required to dwell temporarily outside the
county and is absent from the county throughout the time for voting
in person because of:
(A) Serving as an elected or appointed federal or state
officer; or
(B) Serving in any other documented employment assignment of
specific duration of four years or less;
(5) Any voter for whom the designated area for absentee voting
within the county courthouse or annex of the courthouse and the
voter's assigned polling place are inaccessible because of his or her physical disability; and
(6) Any voter who is participating in the Address
Confidentiality Program as established by section one hundred
three, article twenty-eight-a, chapter forty-eight of this code.
(c) Registered voters and other qualified voters in the county
may, in the following circumstances, vote an emergency absentee
ballot, subject to the availability of the services as provided in
this article:
(1) Any voter who is confined or expects to be confined in a
hospital or other duly licensed health care facility within the
county of residence or other authorized area, as provided in this
article, on the day of the election;
(2) Any voter who resides in a nursing home within the county
of residence and would be otherwise unable to vote in person,
providing the county commission has authorized the services if the
voter has resided in the nursing home for a period of less than
thirty days; and
(3) Any voter who is working as a replacement poll worker and
is assigned to a precinct out of his or her voting district, if the
assignment was made after the period for voting an absentee ballot
in person has expired.(d) Registered voters and other qualified voters in the county
may vote a special absentee ballot for President and Vice President
only if they qualify for such a ballot under the provisions of
section three-a, article one of this chapter.

__________

(NOTE: The purpose of this bill is to conform the Code of West Virginia to federal requirements for presidential office ballots
for registered voters moving from the state.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language.)